Gratuity Eligibility Across States
Is the Madras High Court's judgment on gratuity eligibility after completing 4 years and 240 days applicable to other states? I am in Maharashtra. Can I use the same ruling to enforce my employer to pay me gratuity as I am completing 4 years and 11 months of continuous service? Is there any ruling by the Mumbai High Court?
Thanks in advance.
Regards,
Kamki
From India, Mumbai
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Is the Madras High Court's judgment on gratuity eligibility after completing 4 years and 240 days applicable to other states? I am in Maharashtra. Can I use the same ruling to enforce my employer to pay me gratuity as I am completing 4 years and 11 months of continuous service? Is there any ruling by the Mumbai High Court?
Thanks in advance.
Regards,
Kamki
From India, Mumbai
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It depends on the industry you are working in. If you are working in an IT-related field, your 11 months in the final year would be calculated as 11 x 21 days = 231. However, you are not meeting the 240 days requirement, so it is necessary to fulfill either of the two conditions, i.e., 5 years without a break or 4 years with 240 days.
Please consult with other seniors for further clarification.
Thanks,
Uday
From India, Visakhapatnam
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Please consult with other seniors for further clarification.
Thanks,
Uday
From India, Visakhapatnam
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Binding Nature of Court Rulings
As per the law, the ruling of a High Court is binding only on lower courts in the area in which the High Court has jurisdiction. One High Court is not bound by the decisions of another High Court. However, decisions of the Supreme Court are binding on all courts in the country.
There is no decision available on this issue from the Bombay High Court or the Supreme Court. Hence, the courts in Maharashtra can take a different view than the view taken by the Madras High Court.
From India, Malappuram
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1446As per the law, the ruling of a High Court is binding only on lower courts in the area in which the High Court has jurisdiction. One High Court is not bound by the decisions of another High Court. However, decisions of the Supreme Court are binding on all courts in the country.
There is no decision available on this issue from the Bombay High Court or the Supreme Court. Hence, the courts in Maharashtra can take a different view than the view taken by the Madras High Court.
From India, Malappuram
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